Robert Turner says that Nancy Pelosi could be prosecuted under the Logan Act (subscription required). It seems like an open-shut case to me, but this Justice Department would never do it, of course.
It’s an ongoing mystery to me, actually, why the Bush Justice department treats Democrats with kid gloves. Berger gets a slap on the wrist, Jefferson still hasn’t even been indicted. Doesn’t exactly sound to me like the legal arm of a fascist regime.
[Update]
It seems to me that if the Bush administration was clever, the president would magnanimously issue a preemptive pardon to Madam Speaker (for this one incident, not blanket), but not to any of the Republicans who went. It would make the point without the Justice Department having to do anything at all, and it would be hilarious to watch the donkeys scream about it.
But, of course, the Bush administration isn’t noted for cleverness.
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